City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 21, 2024 IN CITY HALL 1. Mayor Taylor called the meeting to order at 7:00 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the City offices will be closed on Monday, May 27, 2024 for Memorial Day. He added that there will be no refuse collection on Monday but refuse collection will resume on Tuesday and delayed for one day all week, with the refuse pickup normally scheduled for Friday to be picked up on Saturday. Mr. Vanderpool stated the Sterling Heights 45th Annual Memorial Day festivities will commence on Monday with a 9 a.m. Memorial Day ceremony in the courtyard between City Hall and the Police Department. This year’s theme is “Salute to Service Honoring Heroes and Innovations.” For the second year in a row, they will Regular City Council Meeting Tuesday, May 21, 2024 Page 2 be featuring an exciting Tuskegee Airman Flyover using authentic World War II Tuskegee airplanes. The ceremony will feature remarks from their 2024 Grand Marshall, Judge Stephen Sierawski. The Mayor will also be speaking, as will the Chairperson of the Arts Commission, Jeanne Schabath-Lewis. The 1st Michigan Colonial Fife and Drum Corps will perform at the ceremony, marking their 43rd year doing so. The parade will begin at 10 a.m., and he looks forward to ceremony and parade on Monday. Mr. Vanderpool reminded everyone about the Fireworks law, stating the State prohibits the City from banning the use of consumer-grade fireworks on the following days: Saturday and Sunday immediately preceding Memorial Day, June 29 through July 4, the Saturday and Sunday immediately preceding Labor Day, and on December 31 between 11 a.m. and 1 a.m. on January 1. He clarified everyone has a right to use these types of fireworks that discharge in the air, but they can only be discharged on these dates from 11 a.m. until 11:45 p.m. on those dates, with the exception of New Years, which is extended to 1 a.m. He explained that, unlike other communities, the City has enacted an ordinance which prohibits the use of consumer-grade fireworks for the remaining days of the year, so Sterling Heights only allows them on the dates mandated by the State of Michigan. He informed there is more information available on the City’s website. Mr. Vanderpool introduced State Senator Michael Webber to provide a legislative update. Regular City Council Meeting Tuesday, May 21, 2024 Page 3 State Senator Michael Webber, serving the western portion of Sterling Heights in District 9, as well as parts of Utica, Shelby Township, Troy, and the Greater Rochester area. He explained they are in the middle of budget season, so the Governor recommended, and the Senate concurred with a five percent ongoing statutory revenue-sharing increase, equating to about $29 million increase, for a total of $322.9 billion. The constitutional revenue sharing did go down by about $3 million because of their January Consensus Revenue Estimating Conference, which indicated they had fairly stagnant revenue. He stated they are getting close on the Revenue Sharing Trust Fund, and he talked about some of the details. If they can get it in the budget process, they can follow up with the statutory change which already passed the House. They are trying to spend more in General Fund to get to their federal match for infrastructure. They are spending about $95 million for federal match opportunities, and $40 million for priority bridge investments, amounting to about a $36 million increase under Act 51 dollars for cities and villages, and he noted the reason they are doing more out of General Fund for federal matches is because there is more federal match available, and they have less State Transportation Funds available to match because of paying down bonding debt. He talked about the Revenue Sharing Trust Fund, and they are actively pushing that from a statutory standpoint, and if it gets in the budget, they will follow up with a budget implementation bill to try to get it passed. He talked about House Bill 5695, which has bipartisan support and has been approved by the House. The Department of Health and Human Services covered Regular City Council Meeting Tuesday, May 21, 2024 Page 4 the $2 million cost, although they have not seen this on the Senate floor. Senator Webber stated he serves as co-chair for the Bipartisan Aerospace Defense Caucus, and they recently launched a federal rebrand of the Defense Center within the MEDC (Michigan Economic Development Corporation) to attract, retain, and grow investment into the State’s defense and aerospace industry. Senator Webber provided an update on a bill he is sponsoring (Bill 699) dealing with road debt and modernization. It would ensure that all transportation debt services paid out of MDOT’s funding portion of the PA-51 and would ensure $30 million of the road funding for local communities each year. He felt the local part would stay “hold harmless.” He recommended anyone wanting more information to sign up for their monthly e-news (www.senatormichaelwebber.com) or call their office at (517) 373-0994. He offered to answer questions. Mayor Taylor expressed appreciation to Senator Webber for his update. Mr. Vanderpool stated City Engineer Brent Bashaw will talk about a state road project that will be rather disruptive in the City. On a positive note, they will talk about the City’s first-ever bike lane being opened next Thursday. He invited Lieutenant Bisdorf, Community Relations Director Melanie Davis, and he recognized Nick Holly, who is in the audience this evening and has spent a lot of time designing their bike lane setup. City Engineer Brent Bashaw stated they will have a lot of movement on two of their major road projects over the next couple of weeks. The Clinton River Road bridge over M-53 is part of the M-53 project, and it is necessary to close the road for Regular City Council Meeting Tuesday, May 21, 2024 Page 5 approximately three months to reconstruct this bridge. The good news is that it will connect sidewalk on the east side of the road from 19 Mile Road to the sidewalk across from Henry Ford II High School. He showed a photo of how the sidewalk over the bridge will look, with a sidewalk separation. They are closing the road during the summer months to try to avoid school traffic as much as possible, and they hope it is back open by August. Detours will be posted, and he talked about those detours. He acknowledged that although this will be a disruption, it will be a nice improvement. The sidewalk will be able to tie into a lot of places in the future, such as Donovan Park and nature trails. Mr. Bashaw stated that second project is the creation of the bike lanes on Plumbrook Road, between 17 Mile Road and Schoenherr, and he explained why Plumbrook Road was chosen for this pilot program. Bike lane projects are becoming very popular in the area, and this is a first in Sterling Heights. They have visited projects in Detroit, Ann Arbor, Oak Park, Ferndale, and others. Plumbrook has connectivity to the trailway system, it is in a heavy residential area, there is minimal physical roadway work needed, as well as the low speed of traffic and this is a traffic calming element. He addressed the design, assuring it meets and/or exceeds all federal and state requirements. He showed a photo of the design required, and a second photo of the design provided, which provides a two-foot buffer that is cross-hatched. They also added approximately two hundred delineators and areas of green paint to increase awareness of both bicyclists and vehicular drivers. He provided details on the widths and pointed out the locations Regular City Council Meeting Tuesday, May 21, 2024 Page 6 of these safety features at the intersections of Plumbrook and Dobry Drive, Dodge Park Road, and Schoenherr. He explained how the bike lane crosses the right turn lane and goes between the travel lane and the right turn lane, and this is actually safer according to Design Guidance. He showed an aerial of an intersection in Ann Arbor having this design, and explained how it works. He introduced Traffic Lieutenant Jason Bisdorf to speak about this project. Lieutenant Jason Bisdorf explained he is currently assigned to the Traffic Safety Bureau. He emphasized that, regardless of whether or not bicycle lanes are being implemented, Michigan law states that a person riding a bicycle has all of the rights and is subject to all the duties applicable to the driver of the vehicle, with some exceptions. Bicycles legally have the right to share the road with vehicles. He explained research provided through the U.S. Department of Transportation show that bicycle lanes make it safer for bicyclists, and he stressed the Sterling Heights Police Department will always be an advocate for making Sterling Heights safer for their citizens; therefore, they will play an important role in education and enforcement. The Michigan State Police website offers numerous links to bicycle safety brochures, a Michigan Bicycle Law reference guide, electrical bikes in Michigan and their different classes, and a link to what every bicyclist must know to ride legally and safely. He states it is easy to read and very informative, and he can provide a copy if someone is interested. The Police Department will work closely with the Public Relations Department for the Sterling Heights citizens to have access to have access to the same informative materials he has so they will Regular City Council Meeting Tuesday, May 21, 2024 Page 7 be well-equipped to have the knowledge when driving and bicycling in the City. He is aware that the Community Service Bureau has plans to have some events to help spread the word on bicycle safety, and they are working on a video directly related to the Plumbrook Bike Path. Lt. Bisdorf talked about enforcement, noting it will be important for their department to monitor this new bike lane, and make sure that both motor vehicle drivers and bicyclists are safe. They will take appropriate enforcement action to provide a safe environment. Lane striping is a way to calm and slow traffic, and the plan is to heavily stripe the roading, add delineators, and make more room for the bicyclists. Once the bike lane is fully operational, they will be able to collect data to compare pre- and post-data to determine if there were any significant impacts on the speed or the calming of the traffic. He reminded that bicycle safety is everyone’s responsibility, and the Police Department will do its part to make the bike path successful and safe for all residents and those wishing to visit the City. Community Relations Director Melanie Davis explained the new bike lanes are an exciting pilot project and amenity for this community. It aligns with their Visioning 2040 plans and guiding principles, including safety, sustainability, and connectivity. These bike lanes help people across the region to connect to the ever-expanding network of trails. It also aligns with their Non-Motorized Transportation Plan. A public education component will be required, so Community Relations will be working in collaboration with the City’s engineers and the Police Department to produce a few tools to help demystify the concept Regular City Council Meeting Tuesday, May 21, 2024 Page 8 of a bike lane. They will be coming out with a couple of videos to talk about the safety and proper way to navigate bike lanes, as well as tips to navigate them and answer questions. They will be creating a custom page on their website filled with frequently asked questions, and that will remain on the site. Ms. Davis pointed out that the month of May is National Bike Safety Month, so they are dedicating their new Plumbrook Road bike lanes on Thursday, May 30, at 6 p.m. at the corner of Dodge Park and Plumbrook Roads. City Council, media, and members of the community are invited to this important dedication, and the Police Department’s Community Services Bureau will be handing out free bike helmets (while supplies last) and other fun bike safety giveaways. She added that the owner of Coach’s Ice Cream on that corner has agreed to chip in on “hot deals on cold ice cream for a hot summer day.” She encouraged everyone to attend the event on May 30. Mr. Vanderpool stated that concludes his report, and he indicated they are available to answer any questions if the Mayor determines it is appropriate. Mayor Taylor opened the floor to the City Council for questions about the bike lanes or any of the other road projects. Councilman Yanez commented that the lines at Plumbrook and Schoenherr are very intuitive, and it is clear with the lines that were put down. He stated as a driver, he did not look to his right as he crossed over, and he emphasized that is something drivers will have to be aware of. He explained he walks his dog almost every night, and he crosses Plumbrook. He complained that he cannot cross at the intersection of Utica and Plumbrook because cars can turn left from Utica onto Regular City Council Meeting Tuesday, May 21, 2024 Page 9 Plumbrook, and they speed up to beat the approaching traffic. The crosswalk is there, and there is no safety buffer between the pedestrians and the cars. He feels safer crossing the street further down and suggested that might be something the Traffic Safety Bureau may want to look at. He commended them for doing a great job and he added he is very excited about this project. Mayor Taylor asked if they could get a detail out to look at the intersection of Plumbrook and Utica to check out the situation for pedestrians at that location. 6. PUBLIC HEARING Mayor Taylor stated this is to consider the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate (IFEC) at 42540 R Mancini Drive. He invited Senior Economic Development Advisor Luke Bonner to give a presentation. Senior Economic Development Advisor Luke Bonner explained that this IFEC request is from Universal Tool Equipment and Controls (UTEC). They are on their third building in Sterling Heights, and they provide automation systems, welding systems, and tooling to OEMs and several other industries not automotive related. The building they are leasing at 42540 R Mancini Drive was brought forward less than a year ago for a speculative tax abatement, and it was approved on July 18, 2023. It preserved the right for a future qualifying tenant to come forward and request consideration for the IFEC application. He informed the investment made in real property is $4.6 million, and UTEC will be creating twenty-five new manufacturing jobs. Based on their IFEC guidelines, the $4.6 million is a seven- Regular City Council Meeting Tuesday, May 21, 2024 Page 10 year term on the abatement, and the additional twenty-five new jobs created is for two years, so the total recommended IFEC term is nine years. From an impact standpoint, the twenty-five employees will assume there will be one hundred downstream jobs created as a part of this project. They use a very conservative average wage of $45,000, which would have another $4.5 million impact economically in the area. From a property tax perspective, although this is a fifty percent tax abatement request, there is also the fifty percent of new taxes that will be generated, and over the nine-year period of time, they estimate approximately $172,000 in new city taxes being generated, $289,000 in school taxes, and a total of $594,000 in total taxes generated between city and school over that tax abatement term. Mr. Bonner stated Bill Bartolotta, President of UTEC, is present this evening, as well as Henry Brohl from UTEC and Hali Lenney from Macomb County, who is in support of their project. He invited Mr. Bartolotta to talk about UTEC and what this means to their company. Bill Bartolotta, President of UTEC, explained they started in a 39,000 square foot building on Center Drive in 2013 with about thirty employees. They are currently at 200,000 square feet and have 130 employees in three buildings. They have worked through the years with the City on a couple of tax abatements, and that has helped fund their growth and get them to where they are today. He thanked the City of Sterling Heights for their support through the years, and he offered to answer any questions. Regular City Council Meeting Tuesday, May 21, 2024 Page 11 Mayor Taylor opened the public hearing and invited comments from the audience, but there were no questions or comments. Mayor Taylor closed the public hearing. Motion by Sierawski, seconded by Taylor, RESOLVED, to adopt the resolution approving the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate at 42540 R Mancini Drive, Parcel #50- 10-10-09-251-007, for a period of nine (9) years in accordance with the guidelines stablished by City Council, and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Mayor Pro-Tem Sierawski asked Mr. Bartolotta about the application stating the business is a certified woman-owned and ISO-certified business. She inquired as to who the woman is. Mr. Bartolotta replied to inquiry that the “woman owner” is his wife. He confirmed that she works in the company. Mayor Pro-Tem Sierawski stated her mom worked in her dad’s company and they were co-owners, so she appreciates Mr. Bartolotta’s response. She thanked Mr. Bartolotta and his wife for locating in Sterling Heights, and she is pleased to see the tax abatements they have received are actually being used for what they are intended to grow their business and hire more people, which is good for the City as well. Mayor Taylor thanked Mr. Bartolotta for their latest expansion, and he is pleased to hear the abatements are working to help their company grow and hire more people. He wished him the best of luck and thanked him for investing in Sterling Heights. Regular City Council Meeting Tuesday, May 21, 2024 Page 12 Yes: All. The motion carried (7/0). 7. ORDINANCE ADOPTION A. Mayor Taylor stated this is to consider adoption of ordinances amending the City Cde of Ordinances and Zoning Ordinance No. 278 to permit and regulate hobby beekeeping within the City of Sterling Heights. He invited Dr. Jake Parcell, City Planner, to give a presentation. Dr. Jake Parcell, City Planner, explained he has no presentation this evening but an update on the changes made since the last meeting. Following the comments received from Council at the introduction meeting, the Planning Department and City Attorneys have reviewed the Inspection Provisions (Section 8-54J), removing the language about entering a property without a warrant. They have changed it to be more in line with what Mr. Kaszubski said at the last meeting, allowing it to be required on a case-by-case basis. If something happens with bees or where they need to get on site to control animals to provide safety for the residents of the house or adjacent neighbors if they are having an outside gathering, they want to be able to enter and remediate it as soon as possible. He believes this language is more in line with what they have seen in other instances in their Code of Ordinances. They believe it is sufficient to justify immediate entry in these instances. The ordinance is otherwise unchanged from what was presented at the introduction. He offered to answer questions. Mayor Taylor opened the floor for public comment, but no one spoke. Regular City Council Meeting Tuesday, May 21, 2024 Page 13 Moved by Radtke, seconded by Ziarko, RESOLVED, to adopt the ordinance amending Chapter 8 of the City Code of Ordinances to permit and regulate hobby beekeeping within the City of Sterling Heights, as amended. Councilman Radtke appreciated the City Attorney and Planning Department reviewing this and eliminating Provision J. He would like to make a further amendment to this ordinance, recalling his comments at the last meeting that twenty feet from the property line seems excessive. He would like to see Section 8-54-(B)-2 amended from twenty feet to ten feet. Moved by Radtke, seconded by Taylor, RESOLVED, to amend Section 8-54-(B)-2 , to reflect the beehive must be at least ten (10) feet from any property line. Mayor Taylor asked Mr. Kaszubski whether there are any other provisions throughout the ordinance that he feels need to be updated. Mr. Kaszubski pointed out that 8-54-(B)-2 and -3 both talk about distances. The first deals with twenty feet from the property line, and the second deals with twenty feet from any public sidewalk, trail, bike path, etc. He suggested they may want to keep 8-54-(B)-3 at twenty feet to serve as a buffer, but 8-54-(B)-2 deals only with the property line. Dr. Parcell pointed out that on Page 10, Section 8-54A-(A)-29-d states that in multiple-family, a beehive shall be no closer than twenty (20) feet to any dwelling unit located on a parcel in RM-1, RM-2, or RM-3. He pointed out this is essentially along the same lines so he would like Council to be aware of that setback as well. Councilman Radtke amended his motion to also include amending Section 8-54A- (A)-29-d to reflect the beehive must be at least ten (10) feet from any property line. Mayor Taylor stated he will support that amendment to the motion. Regular City Council Meeting Tuesday, May 21, 2024 Page 14 Councilman Radtke appreciated the effort that has gone into this ordinance. After talking with several local beekeepers, they all felt the twenty-foot requirement would be excessive and they would have to move their hives in Royal Oak. After talking to Mr. Smith, a member of the Sustainability Commission, he felt the ten- foot distance would be more appropriate. He pointed out as long as the flyaways are in place, bees can range up to two miles away from the hive. He is requesting this amendment because the twenty-foot setback creates only a very small area in the backyard where it would be allowed. He does not anticipate that there will be that many residents in the City applying for these. Roll Call Vote (on amendment to the motion): Yes: Radtke, Sierawski, Taylor, Yanez, Koski. No: Schmidt, Ziarko. The motion carried (5/2). Mayor Taylor explained that the ordinance that has been introduced has been amended, and they are back to considering the main motion. Councilman Radtke appreciated the Sustainability Commission’s diligence on this, as well as the work of the Planning Department and the City Attorney. It has not been an easy ordinance, but he felt they have done everything they can to make an effective ordinance that will allow hobby beekeeping in Sterling Heights, while protecting the rights of the residents. He is proud of the work they have done on it, and he thanked them. Yes: All. The motion carried (7/0). Regular City Council Meeting Tuesday, May 21, 2024 Page 15 Moved by Radtke, seconded by Sierawski, RESOLVED, to adopt the ordinance amending Zoning Ordinance No. 278 to permit hobby beekeeping in all zoning districts in accordance with City Code regulations as an accessory use. Yes: All. The motion carried (7/0). 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the April 23, 2024 Special Meeting. B. To approve the minutes of the May 7, 2024 Regular Meeting. C. To approve payment of the bills as presented: General Fund - $1,043,367.96, Water & Sewer Fund - $4,157,646.89, Other Funds - $2,057,811.89, Total Checks - $7,258,826.74. D. RESOLVED, to accept proposals by Wade Trim Associates, Inc., 500 Griswold Street, Suite 2500, Detroit, MI 48236, and Hanka Advisor, LLC, P.O.Box 1510, Bowie, MD 20717, for professional grant sourcing and grant writing services and authorize the City Manager to sign all required documentation on behalf of the City. E. RESOLVED, to approve the application by Admiral Metals, LLC for renewal of a junkyard license at 41200 Mound Road, Sterling Heights, MI 48314. F. RESOLVED, to approve the application by Fenix Parts Detroit LLC for renewal of a junkyard license at 6785 Metropolitan Parkway, Sterling Heights, MI 48312. G. RESOLVED, to approve the application by US Auto - Sterling Heights Inc for renewal of a junkyard license at 7575 18 1/2 Mile Road, Sterling Heights, MI 48314. H. RESOLVED, to approve the Digital Media Agreement between the city of Sterling Heights and Midwest Tape, LLC, 1417 Timberwolf Drive, Holland, OH 43528, for a two (2) year period and authorize the City Manager to sign the Agreement on behalf of the City and annually renew its term. I. RESOLVED, to approve the application and permit, inclusive of indemnification, required for the city of Sterling Heights to conduct maintenance operations within public right-of-way under the jurisdiction of the Oakland County Road Commission and authorize the City Manager to sign all required documents to secure the permit and any renewals on behalf of the City. J. RESOLVED, to purchase specialty paper and envelopes from Central Michigan Paper, Inc., 6194 East Fulton Road, Ada, MI 49301, at competitive Regular City Council Meeting Tuesday, May 21, 2024 Page 16 pricing available through State of Michigan MiDeal cooperative purchasing contract no. 240000000629 for the period of May 22, 2024, through April 20, 2029. K. RESOLVED, to purchase library books, DVDs, Blu-ray discs, and audio books through the Suburban Library Cooperative, 44750 Delco Blvd., Sterling Heights, MI 48313, for fiscal year 2024/2025 in the amount of $95,000. L. RESOLVED, to adopt the resolution approving the temporary relocation of polling places for precincts 11, 34 and 35 for the August 6, 2024, Primary Election, and precinct 31 for the August 6, 2024, Primary Election and November 5, 2024, Presidential Election, as recommended by the City Clerk. Yes: All. The motion carried (7/0). 9. CONSIDERATION A. Mayor Taylor stated this is to consider approval of an Amended Conditional Rezoning Agreement for property situated on the north side of Nineteen Mile Road, east of Schoenherr Road in Section 1; Case No. PZ24-0001. He invited Dr. Jake Parcell, City Planner, to give a presentation. Dr. Jake Parcell, City Planner, stated this is an amendment to a Conditional Rezoning Agreement that took place in 2008 for property at 13903 19 Mile Road, located north of 19 Mile, east of Schoenherr. The applicant is requesting this amendment because when City Council approved the Conditional Rezoning Agreement, restaurant use was restricted. It is a split-zoned parcel that was rezoned to R-60 and C-1. It is 3.4 acres in size, and the plaza is 1.8 acres. It is located in a traditional mixed-use node, and is recommended for approval by the Planning Commission, and that recommendation for approval is shared by the Office of Planning. He showed the split zone parcel, with one portion dedicated for five homes. The other portion was rezoned for the plaza, with the restriction in place Regular City Council Meeting Tuesday, May 21, 2024 Page 17 that limited it to retail stores, excluding restaurants as a permitted use, although restaurants in the C-1 zoning district are permitted as Special Approval Land Use (SALU) for carry-out restaurants and fast casual dining restaurants. He showed what the site looks like now, and it is abutting one-family residential and additional shopping plazas. He showed the future one-family residential housing units. He explained this came to their attention when the westernmost tenant, Shawarma Stop, was shutting down. They submitted plans for a new restaurant, called Grab & Go, through a use permit to the Clerk’s Office, which was sent to the Office of Planning for approval. The Office of Planning found that Shawarma Stop had closed on the last day of January, and Grab & Go filed their use permit on February 5. They reviewed the uses permitted, and according to the Conditional Rezoning Agreement in their records, they were unable to approve this because of the restaurant restrictions. Despite the restriction, prior to the current owner purchasing it, restaurants had been occupying this space since around 2010, when one was denied a SALU through the Planning Commission. Since that denial, three other restaurant users operated on the site from 2010 to 2024, none of which received proper City approval. The City has not received any complaints associated with these restaurants, and since in underlying C-1 zoning, restaurants are a permitted use under SALU, the Office of Planning supports that restaurants should be allowed as part of this rezoning. They worked with the applicant after the Planning Commission meeting, and he thanked the City Attorney’s office and Mr. Petrusak for drafting an operating permit for Grab & Go to operate until they Regular City Council Meeting Tuesday, May 21, 2024 Page 18 received potential approval from City Council. They are operating under the assumption that, should this not be passed, they will not be able to operate. Dr. Parcell stated they worked with Ms. Ryska and her staff to dig into the history of this site, and they have seen through Google images that there have been restaurants operating at this site, despite the denial from the Planning Commission. He clarified the restaurant requested for approval by the Planning Commission was much different than the Grab & Go proposed, because the former had an outdoor patio, a liquor license, and the latter is strictly a fast casual/carry- out restaurant. Dr. Parcell explained they are trying to remedy this situation and bring it into compliance. When the applicant was purchasing this plaza, he was not notified that this Conditional Rezoning Agreement existed, so they are trying to help the business that thought they were going in legally, and also to work with the applicant to bring everything up to compliance. He stated he is open to questions. Mayor Taylor questioned the owner if he would like to make any comments; however, the owner stated he had nothing further to add. Moved by Sierawski, seconded by Yanez, RESOLVED, to approve the Amended Conditional Rezoning Agreement between the City of Sterling Heights and Chehab Brothers, LLC for the property situated on the north side of Nineteen Mile Road, just east of Schoenherr Road, in Section 1; Case No. PZ24-0001, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Mayor Pro-Tem inquired as to how long restaurants have been operating at this location. She clarified it is not about approving, but rather investigating. She questioned whether it has ever been vacant. Regular City Council Meeting Tuesday, May 21, 2024 Page 19 Dr. Parcell replied that, to the best of his knowledge, one began operating following the Planning Commission’s denial of a different restaurant. He added that since that time, it has only been vacant for short times while the restaurants changed over. Mayor Pro-Tem Sierawski stated she does not have a problem approving this amendment to rectify the situation through the legal channels. She would like to investigate how this happened, but for now she would like to fix it. Councilman Radtke shared some of the concerns expressed by Mayor Pro-Tem Sierawski. He stated he had been eating at this location in the past before this came forward to them, and it was a fully functional restaurant. He stated as a member of the public, he would have never known that the owners did not have City approval. He pointed out it also has a drive-through window, but it has never been approved for drive-through use. He felt they are correcting a situation that was “a sin of the past,” but he pointed out this is yet another situation that has come forth. He is supporting this because he believes the business owner was trying to do the right thing by registering his business. He bought a business and thought he only had to change ownership. It was not until he came to City Hall that he was told he does not have the right to operate. Councilman Radtke expressed frustration that this occurred in the Planning and Zoning Departments before he was elected to this Council, because this is one more situation that has come forward. Regular City Council Meeting Tuesday, May 21, 2024 Page 20 Councilwoman Schmidt questioned does not understand how this chain of events took place and who can answer this, but she questioned whether building inspections were done prior to 2010. Dr. Parcell explained when it originally opened and they received a use permit, there were inspections completed for that use; however, improvements such as re-tiling, repainting, replacing countertop surfaces, etc., do not trigger inspections. They had their Building Official go out to verify nothing triggered the need for a permit while working on the Temporary Use Permit. The inside was refurbished. Councilwoman Schmidt questioned the fact that they were issued a permit in 2010, after it was denied by Planning Commission and deemed “not allowed”. Dr. Parcell confirmed that is what happened. Councilwoman Schmidt is glad they are “righting the ship.” She questioned whether this verifies that there will be no drive-through service. Dr. Parcell stated that is correct. He pointed out there are other buildings in the C- 1 zoning district that have drive-up windows for pharmacies, but C-1 does not allow for drive-through restaurants. With a temporary use permit, as with any others, they went to the County Health Department to make sure they were good to operate. The Building Official went out, so they have checked everything else to remedy this in the best way possible and help the current restaurant owner get in. He stated the City agrees that this is somewhat of an egregious situation. He replied to further inquiry that the liquor license was never approved, and another Regular City Council Meeting Tuesday, May 21, 2024 Page 21 restaurant occupied the space after that denial but did not have a liquor license or an outdoor patio. Councilwoman Ziarko questioned who denied the liquor license. Dr. Parcell replied to inquiry it was denied by the Planning Commission. Councilwoman Ziarko pointed out that Planning Commission does not have the authority to deny a liquor license. Dr. Parcell clarified that Planning Commission denied the restaurant use that wanted the outdoor patio and the liquor license. They were denied, and at that point, a Building Permit was filed through the Office of Building, reviewed by the Planner and the Building Official in 2010, and it was approved without going back to the Planning Commission. Councilwoman Ziarko agreed they need to make this right, and she wished the new owners the best of luck. She questioned whether they will be blocking off the drive-through window. Dr. Parcell stated they are not blocking off the window, but they have the stipulation that it cannot be used. He replied to further inquiry that he is not aware of whether anyone ever used the drive-through window. He emphasized that the Office of Planning is working with the GIS team in IT to backlog and scan every document that has been recorded for properties in the City, and those are being uploaded into datafiles in their maps. They will be able to go back and check compliance, making sure they are holding property owners to things that were approved. He assured they are working hard on this and interns this summer will Regular City Council Meeting Tuesday, May 21, 2024 Page 22 be continuing to scan six rows on a binder shelf that the Planners have already been scanning for a year-and-a-half. He admitted it is a huge project, but this particular situation is one they felt they needed to remedy quickly. Councilwoman Ziarko recalled the banquet hall that was operating, and no one knew they were there. She asked the members of the community to let the City know if they see something they think is irregular so it can be checked out. Councilwoman Koski questioned whether the update of information by scanning has anything to do with the business registration. She questioned whether that works together to help. Dr. Parcell stated that is not included but it helps to ease information access for the Planning team to know what legal agreements have been approved by the City Councils of the past. They have Consent Judgments that are several hundred pages long from the 1970’s, and it is difficult for them to have knowledge of them without being able to pull them up in their BS&A system or on a map. He pointed out that often, the business owners are not aware of these agreements/stipulations. Their first step is to scan everything in, link to their maps so they have a firmly documented record of this. Councilwoman Koski inquired as to whether they are going to continue with the business registration, and whether that is any help. Dr. Parcell stated they work with Ms. Ryska on that, as well as having Planning Review Use Permits. If they see a sign permit come in through Building, or a use permit come in through Planning, they know someone is trying to change a use Regular City Council Meeting Tuesday, May 21, 2024 Page 23 or open a business without them knowing. He assured they will continue to work with the Clerk’s Office and the Office of Building as it is very helpful in this process. Councilwoman Koski stated if he needs the names of any of the developers who received Consent Judgments, he can ask her. Mayor Taylor understood that the restaurant was not permitted in the strip center and the prior owner came to the Planning Commission in 2010 with a Special Approval Land Use application to operate a restaurant with a liquor license, and they were denied. He questioned when a building permit was granted for the restaurant’s use. Dr. Parcell believed the building permit was granted for the restaurant’s use in 2011. Mayor Taylor questioned whether that was just for build-out work in the interior. Dr. Parcell replied affirmatively. Mayor Taylor cited the example that occurred a few years ago, when a resident told him he built a pigeon coop in his rear yard. He stated was extremely large and could hold 1,000 pigeons. He spent $60,000 and was given approval by the Building Department to build this coop. He began putting pigeons in it, neighbors began to call the City to complain, and the owner was then issued a violation by Ordinance Enforcement even though he was given approval by the Building Department to build the coop. He felt that possibly the Building Department received these requests, but they did not consider the use and investigate whether or not it is permitted on the property. He pointed out that, in many cases, it is Regular City Council Meeting Tuesday, May 21, 2024 Page 24 obvious because a factory would not be allowed on a vacant lot in a residential subdivision. He suggested this situation may have fallen through the cracks, and he questioned what controls are being put into place to ensure when someone applies for a permit to build through the Building Department, that they are cross- referenced against the zoning to make sure it is an appropriate use. Dr. Parcell explained that when their front office staff takes a building permit, they have more checks and balances in place to work with the BS&A system. He is alerted every time a building permit comes in. He then reviews it or distributes it to one of the planners for their review, and if it is a buildout or an interior renovation, it is fairly easy. They look at the use and the underlying zoning, and generally check the size and scale of it, then approve it. He added that Mr. Fox is great at working with building permits very efficiently, and Planning staff looks at every building permit. No building permits will be issued unless the Planning Office checks off on them. If they take too long, someone from the Building Department will come to their department to ensure the form is completed that day. They have a checks-and-balances system between City Clerk, Building, Planning, Fire, and Engineering, and they cannot issue them unless all approvals from these departments are in the system. The only difference is that the Office of Building handles single-family homes on their own. Councilwoman Schmidt requested that City Council be provided with a follow-up report when the investigation on this is done. Regular City Council Meeting Tuesday, May 21, 2024 Page 25 Mr. Vanderpool stated he would be happy to do so; however, the action City Council is taking this evening is rectifying this situation. He pointed out they have over 4,000 businesses in the City, and this is possibly the first case where something like this occurred. They have safeguards in place to require a lot of automated cross-checking. Businesses cannot get their Certificate of Occupancy until they validate that they have a business license. Councilwoman Schmidt stated she likes the safeguards they have put in place. Councilwoman Ziarko recommended they go to that site after the denial to make sure it does not happen again. Councilman Radtke recalled that this is at least the third or fourth instance of this happening that has recently come to their attention. He cited a few specific instances, and he expressed frustration. He assured Dr. Parcell it is not his fault, adding he is solving the problem, but he questioned the oversights in the Planning Office that are coming to light now but existed ten years ago. He hopes they are able to have the oversight and prevent this from happening in the future. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider adoption of a resolution extending the moratorium in Overlay Districts and North Van Dyke Corridor District on approval of a new or reopening of a closed car wash or drive-through through December 31, 2024. He invited Dr. Jake Parcell, City Planner, to give the presentation. Regular City Council Meeting Tuesday, May 21, 2024 Page 26 Dr. Jake Parcell, City Planner, explained that this is one of two similar agenda items back-to-back so he has one general presentation, he will pause halfway through, and continue on the next agenda item. On June 6, 2023, City Council adopted a resolution instituting a moratorium on a new or reopening of a closed car wash or drive-through through May 31, 2024, in the City’s overlay districts and the North Van Dyke area. He stated at this time they are recommending the adoption of the resolution extending the moratorium through December 31, 2024. They believe this extension provides the Office of Planning time for their scheduled Master Land Use Plan rewrite, opportunities for the City, mainly at the June 10th Open House, where they will have mapping and interactive options for reviewing these overlay districts and will provide data for their supplemental Planning Commission meeting in August, focusing entirely on nodes and corridors. They will be amending the GIS mapping tool on the website, where people will be able to zoom in parcel-to-parcel and leave recommendations on areas of the City, based on the direction in which they want to see the Master Land Use Plan move forward. This additional time will also allow their staff to continue their work with the City Attorney’s office to draft amendments to their overlay district ordinances, the first of which will be before the Planning Commission on June 12. Dr. Parcell showed a map designating the area affected by the moratorium. In the past eleven months, the Office of Planning has received thirteen inquiries for drive-throughs and car washes. They currently have fifteen operating car washes and approximately twenty-six drive-throughs on Van Dyke Avenue alone, Regular City Council Meeting Tuesday, May 21, 2024 Page 27 including auto service shops, car washes, fast food restaurants, and banks that are primarily focused on drive-through service. He explained their concern with receiving these calls is that these are different types of uses that incur more traffic and are more autocentric. With the overlays calling for the cohesion of pedestrian walkways and automotive safety that keeps people safe as they move throughout the developments, that the increase of these types of uses proliferating at the rate they are, will have ill effects on some of their highest priority redevelopment areas. Dr. Parcell pointed out that recent projects in these areas that have come before City Council result in discussions about making sure these projects are thoughtful and very well designed. They believe the moratorium extension allows time to take real input from the community for their Master Land Use process and to create thoughtful ordinance amendments. He explained they looked at how these types of businesses would impact the designated areas and cited the example of a Chic-fil-A, which generates approximately seventy cars per hour on weekdays, and one-hundred seventy cars per hour on a peak weekend. They are looking at an additional one thousand fourteen hundred trips for an automobile in a drive- through use per day along these corridors. He stressed this is concerning when they are calling for pedestrian walkways and linkages, and Councilman Radtke has already pointed out several walkways in these areas that lead directly into drive- through locations, creating unsafe conditions. He indicated there are issues concerning the space and number of curb cuts on drive-throughs that will be Regular City Council Meeting Tuesday, May 21, 2024 Page 28 adjacent to each other, and he cited the Taco Bell, Jimmy Johns, and Starbucks located in front of Meijer on Van Dyke. Dr. Parcell emphasized that until they can obtain feedback through public engagement efforts and review their ordinances based on what they find, they believe the moratorium extension would be the best course of action. He cautioned that a lot of the mixed-use nodes directly abut residential, and drive- through facilities, particularly restaurants, can be a nuisance for nearby residents because of smell, noise, volume, late hours of operation. He cited examples of these uses. He noted they have a lot of concerns about pharmacies and drug stores that are going out of business on prime corners, leaving large parking lots and people who filter in and out of the drive-throughs, creating traffic problems. He showed a map of these pharmacies. They would like the opportunity to look at this and have something in place to provide guidance on what an actual high- functioning site should be rather than an abandoned large building on these prime corners. He offered to answer questions, adding that Mr. Keenan is also here to answer questions. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Ziarko, seconded by Radtke, RESOLVED, to adopt the resolution extending the moratorium in the Overlay Districts and North Van Dyke Corridor District on the approval of new, or reopening of a closed, car wash or drive- through use through December 31, 2024, to afford City Administration additional time to complete the research, drafting, and preparation of zoning ordinance text amendments and updating of the Master Land Use Plan. Regular City Council Meeting Tuesday, May 21, 2024 Page 29 Councilwoman Ziarko questioned whether the extension of the moratorium would prevent a new business moving into a vacant pharmacy site from using the drive-through. She questioned how they would not be able to use a drive-through if that location were previously approved for a drive-through. Dr. Parcell believes this moratorium restricts the reopening of an existing drive- through, and unless a different pharmacy purchases the building for the same use without interruption, the drive-through use would be rendered null and void. They have had an adaptive redevelopment of a corner into a higher-functioning plaza, but designs such as that take a lot more time and capital to execute than someone who just wants to purchase the building for the drive-through. A purchaser may petition Council for relief from the moratorium, but at that point, it would be Council’s decision. Councilwoman Ziarko commented that commercial developments do not require as much parking as they used to, so an outlot could possibly be created. She used the example of the Meijer parking lot at 16 Mile and Van Dyke, with so many restaurants going in that area. She questioned whether a new restaurant going in there, outside of the overlay district, could still be restricted from having a drive- through in the new outlots. Dr. Parcell confirmed that the entire Meijer property is in the overlay district and new outlots would be prohibited from having a drive-through. He stated that particular area is a concern to the Office of Planning because a lot of those drive- throughs filter into the ring road at Meijer, leading to a lot of blind corners and Regular City Council Meeting Tuesday, May 21, 2024 Page 30 potential accidents. Until they can better work with the property owners to produce some type of larger site control through the development process, they would have concerns about new drive-throughs going in. He clarified this does not affect anything that is not in the overlay districts. Councilwoman Ziarko noted the 14 Mile/Van Dyke area has a lot of excess parking. She felt it is a good idea to extend the moratorium until they can get the Master Land Use Plan in place. Councilman Radtke agreed with Councilwoman Ziarko, and he talked about the car exhaust and particulate matter from tires that adds to the pollution from idling cars, especially in areas abutting residential. He commented that there have been studies of cancer rates in people who live adjacent to main roads because of the negative effects of the automobile exhaust and particulate matter coming off of tires. He had considered banks converting to drive-throughs, but he did not consider the vacant pharmacies. He pointed out a pharmacy drive-through is different than a fast-food drive-through because people at a pharmacy are just dropping off or picking up their medications, whereas a fast-food drive-through results in more cars idling while they wait to order and pick up their food. He pointed out the stacking space for cars at a pharmacy is not set up for fast-food service. He would like to see the outlots at the Meijer brought into better traffic control, adding he has observed accidents at that location. He expressed concern that they will not have mixed-use districts if they continue to allow drive-through Regular City Council Meeting Tuesday, May 21, 2024 Page 31 businesses. He supports the moratorium and appreciates Dr. Parcell’s presentation. Councilwoman Schmidt questioned whether seven months is long enough for the extension of this moratorium, or should it be extended for a year. Dr. Parcell deferred that question to Mr. Kaszubski; however, he felt they should have clear direction in a way to bring ordinances before Council by the end of the year that reflect what they are finding through the Master Land Use process. The next step after adopting the Master Land Use Plan is a more comprehensive Zoning Ordinance amendment. They would like the new overlay drafts to become model ordinances on which the new ordinance will be based. They will be bringing these forward as they find this data and using them on which to base the rest of their rewrite. He is confident they have a very robust public engagement process that should yield this data for them and help them find the best practices that other communities around them now view as best practices. Councilwoman understands that seven months is good for now, noting it can always be extended. Mayor Taylor questioned what the robust public engagement process of the Master Land Use Plan is going to entail. Dr. Parcell explained they are on their second survey, which is a market survey containing questions such as what residents spend for groceries, what they desire in their community, the type of stores they frequent, what they have to leave the City of Sterling Heights to get, what can they find in Sterling Heights without Regular City Council Meeting Tuesday, May 21, 2024 Page 32 leaving, etc. They will find they have a plentiful number of drive-throughs, car washes, and gas stations in the City, and how their ordinances are addressing these land uses based on their market study. Mayor Taylor questioned whether the responses coming back are indicating the City has too many gas stations, too many car washes, and too many drive- throughs, and whether the public is asking that those uses be limited in some way. Dr. Parcell clarified that is not what the survey is showing, but rather what the existing conditions are showing. Mayor Taylor inquired what the “existing conditions” are. Dr. Parcell replied to inquiry that the Office of Planning, along with their consultants, looks at what they have. As far as the public, they do not have enough data at this point to yield recommendations. They have their open house scheduled for June 10, and they will have maps set up around the room, focused on land use and zoning. They will be highly interactive for the public. They will take the data, create an online virtual map that will be on their website, and people can then enter specific information into this map. It will be made accessible, and options will be made available, such as offering it in different languages or offering options for those without computer access. This will be available until August, when they will have an educational session and supplemental meeting focusing on nodes and corridors. The Planning Commission will then begin to review all of this data. They have three upcoming items: one virtual tool, one Planning Commission special meeting, and one community-wide open house for 3-1/2 Regular City Council Meeting Tuesday, May 21, 2024 Page 33 hours at the Community Center to gather input and hopefully reach as many members of the community as possible. Mayor Taylor stated he would be surprised if the public feedback aligns with what City Council has indicated as a stated goal. He does not feel there will be many members of the public saying they do not want a drive-through available to them in their area of the city. He emphasized that people like choices, and people love drive-throughs. He does not anticipate that the public campaign to solicit feedback will have the desired result of people clamoring for fewer drive-throughs and fewer car washes. Mayor Taylor commented that it is ok for City Council to indicate they are going to lead on this issue and determine what they see as the future of the City and the optimal way to establish best practices for developing their City. They are seeking to make the City more walkable, less dependent on motorized transportation, more densely populated areas where people can live/work/shop, etc. He is not saying to go against what the public wants, but at times there are trade-offs. He recalled a year ago they were going to put a pause on these uses to study this, get feedback, and develop the Master Plan. Now they would like seven more months, and although they may not be completely through the process in that time, they should have enough data to help them come back with recommendations. He expressed concern that this is the first step of a multi- step process of extending this moratorium. In the meantime, there are business owners and property owners who are looking for a level of certainty, and it is asking a lot of them to continue waiting. He does not want to send that message Regular City Council Meeting Tuesday, May 21, 2024 Page 34 out to the business community that this could continuously be extended. He suggested having no extension of the moratorium and getting this done. He stated he will be voting no on this, clarifying his vote against it does not mean that he wants to see a proliferation of autocentric uses in the overlay districts, but he would like to see some finality on this. He does not know what they have accomplished in the last twelve months. He is not opposed to having the Master Land Use Plan revised in a way that makes certain areas of the City less reliant on automobiles, but he is voting no on extending the moratorium. Mayor Pro-Tem Sierawski requested clarification that this is not a moratorium on these types of businesses throughout the entire city, only in the overlay districts. Dr. Parcell stated that is correct. Mayor Pro-Tem Sierawski stated that since this does not involve the entire city, it is not tying the hands of all business owners. She pointed out it only affects particular nodes where it is already dense for those types of businesses. She will be voting to continue the moratorium because the people they have hired have indicated they have not been able to get the information in the timely manner they need to redo the Master Land Use Plan. She felt this is a better way to do something rather than overpopulating certain areas and then having to say no. Councilwoman Koski recalled having a moratorium placed on shopping centers in the entire City, and they had no problems as a result. She could see no problem with this extension because it only involves the overlay districts. Mayor Taylor agreed a moratorium is successful in exercising control. Regular City Council Meeting Tuesday, May 21, 2024 Page 35 Yes: 6 No: 1 (Mayor Taylor). The motion carried. C. Mayor Taylor stated this is to consider adoption of a resolution extending the moratorium in the City of Sterling Heights on approval to renovate, open a new, or re-open a closed gasoline self service or service station through December 31, 2024. He invited Dr. Jake Parcell, City Planner, to give the presentation. Dr. Jake Parcell, City Planner, stated this is a direct companion moratorium to the previous moratorium, except this one covers the entire city. He showed a map depicting the locations of the current gas stations in Sterling Heights. He pointed out the Kroger gas station is not reflected on the map because it is counted as a grocery store. There are currently thirty-one gas stations located in the City of Sterling Heights. This moratorium is a bit more difficult when they look at how the City is serviced by these gasoline stations. They have found in the past year that the City has focused highly on electric vehicle (EV) use and charging, and they have implemented an EV Master Plan that is proposing eight chargers to the City, working with stakeholders in the region and statewide to provide alternative charging options for electric vehicles. They do not anticipate this slowing down, considering the current state of the automotive industry. This is a long process that includes many stakeholders, including DTE, private companies, the City of Sterling Heights, and others, so they are not taking this lightly when examining how land use works in terms of the EV Master Plan and in terms of what they currently have in gas stations. They have observed the trend in gas stations being redeveloped and approved prior to the moratorium is that the land use is no Regular City Council Meeting Tuesday, May 21, 2024 Page 36 longer what it once was. He cited numerous stations having large redevelopment into large convenience stores, looking significantly different and housing different items. Some have restaurants and a few have drive-throughs, and the Zoning Ordinance is not prepared to look at these uses. A lot of these gas stations are laden with variances and special approvals from the Planning Commission, some of which have gone before boards and commissions three times because they are a type of store being dictated by market forces that no longer resemble the older gas station models. They have had eight calls on gas stations throughout the past year, and a lot of these are reasons for the Office of Planning to have concern of this land use type. They have found that in areas where gas stations are permitted to operate, there is an oversaturation of these, so they are moving primarily to residential areas. These could be considered a nuisance use if it is in someone’s rear yard, they have the potential to create brownfields, bringing concern to how they operate these adjacent to residential areas, and concern as to what can be developed on those sites in the future should oversaturation occur, and their business models fail. Dr. Parcell stated they want to protect their residences and prohibit these uses from coming through before they get to the public hearing phase, where they experience the most frequent opposition. They are recommending the extension of this moratorium, adding that Mr. Keenan has been working on finding zoning ordinance language from comparable communities that keep up to date with different types of gas stations requesting to locate in this City. These gas station Regular City Council Meeting Tuesday, May 21, 2024 Page 37 franchises, not typically found in Michigan until recently, are beginning to submit applications through the area, and picking up significant acreage. Some cities, such as Fraser, Huntington Woods, and Royal Oak, have denied these requests. They often take up a substantial footprint with no regard to what the City has in line for their EV Master Plan or what they have in line for their Master Land Use Plan rewrite. Based on their inquiries, on what they are seeing in the market in the Midwest, on the City’s efforts to get further along working with stakeholders to bring more EV charging options to Sterling Heights, they are requesting the moratorium be extended another six months as they bring ordinances forward to the Planning Commission for consideration. He offered to answer questions. Mayor Taylor opened the floor for public comment, but no one spoke. Moved by Sierawski, seconded by Radtke, RESOLVED, to adopt the resolution extending the moratorium in the city of Sterling Heights on approval to renovate, open a new, or re-open a closed gasoline self-service or service station through December 31, 2024, to afford City Administration additional time to research, draft, and present master plan and zoning ordinance text amendments and other pertinent regulations to govern such uses in the City. Mayor Pro-Tem Sierawski questioned the average number of gas stations for a city of this size throughout the Midwest. Dr. Parcell replied to inquiry that he does not know the answer to that question. Mayor Pro-Tem Sierawski stated she has no problem finding a gas station, so she does not currently have an issue with gas stations. She does not want to close a city out for those who run gas stations/convenience stores because it is important to people. She is willing to accommodate the Office of Planning for the seven- Regular City Council Meeting Tuesday, May 21, 2024 Page 38 month extension of the moratorium so they can get the Master Land Use Plan developed and adopted, but she would not be willing to extend the moratorium any longer than that. Councilman Radtke agreed with Mayor Pro-Tem Sierawski. In a city of 36.5 square miles, they have thirty-one gas stations, which he felt is a significant number. Some intersections have gas stations on two or three corners. He commented that the gas station business model is changing, and they are seeing more of the large convenience stores, with other smaller businesses operating inside of them. He does not believe their ordinance has taken into account the market changes. He stated his family used to operate a gas station, and he added that once a gas station occupies a parcel, no one wants to touch that parcel because they are afraid of future contamination concerns. He cited an instance where his family got sued after selling a gas station/car wash that had been closed for years, because there was contamination found on site. His family was later found not to be responsible, but it is cause for concern. He felt this moratorium will give them enough time to look at this closely, adding he does not feel gasoline-operated cars are going away, so they will still need gas stations in the future. They need to consider the size of these facilities, setbacks, number of curb cuts, and he is comfortable giving the Office of Planning some time to look at this. He added they are not really what he considers “gas stations” anymore, but they are convenience stores with pumps outside to purchase gasoline. He agreed with Mayor Pro-Tem Regular City Council Meeting Tuesday, May 21, 2024 Page 39 Sierawski that he would be unlikely to extend this moratorium beyond the end of this year. Councilwoman Ziarko questioned out of the eight requests that came in this year, how many of them would require a rezoning on the site where they want to locate. When this is brought back to Council in December, she requested to see the locations of gas stations bordering just outside of city limits, including those in Troy, Shelby Township, Fraser, Clinton Township, and Warren. She pointed out that a lot of people are purchasing their gasoline from big stores such as Costco and Sam’s Club because they get a discount when they use their membership cards, or cash back if using their credit cards, so that may be something to consider as well. She has no problem extending this moratorium through December 31, 2024. Dr. Parcell addressed Councilwoman Ziarko’s question, stating that three of the eight requests they received this past year were requesting a conditional rezoning, and one was a larger part of a larger potential Planned Unit Development (PUD), and there were four or five requests repetitively for citywide parcels or the creation of new outlots. There were no requests to renovate or revitalize an existing gas station. Mayor Taylor stated he will be voting no on this motion. He requested explanation on the concern about these being located near residentially zoned parcels. Regular City Council Meeting Tuesday, May 21, 2024 Page 40 Dr. Parcell stated that historically at public hearings, the amount of public opposition to some of these large gas stations proposing to locate adjacent to residences. A lot of inquiries for new businesses or new gas stations require or demand a minimum of two acres, and on some of the parcels outlined on the map, any proposed project has significant opposition from the public. Mayor Taylor questioned whether these eight inquiries were received within the last year. Dr. Parcell replied affirmatively. Mayor Taylor thought the message to the development community was to not bother submitting anything for a gas station because there is a moratorium. He questioned whether they ignored that and still called on them. Dr. Parcell stated they receive calls on these same parcels almost weekly. He explained they discuss their current requirements, as well as options they have under the current moratorium and the timeline for the moratorium and the Master Land Use Plan. He questioned how Dr. Parcell would know there would be pushback from the public. Dr. Parcell reviewed previous considerations of projects on these parcels that have had gas stations as a component of their Planned Unit Development or rezoning. Mayor Taylor stated he will not dispute that, but this gas station moratorium will end at some point, either May 31st, or December 31st, or possibly after that if Regular City Council Meeting Tuesday, May 21, 2024 Page 41 another extension is granted. He questioned whether gas stations are allowed in C-3 districts. Dr. Parcell replied that they are allowed in C-1 or C-3 with Special Land Use approval. Mayor Taylor pointed out if they need a rezoning, it will also come before City Council. There are new companies in town trying to establish themselves in metro Detroit and in Michigan, and he does not know what that will mean for their community and the other gas stations here. He felt there is a reasonable probability that when a competitor comes into the market and does something completely different, it could drive some of the gas stations away, possibly resulting in fewer gas stations in the City. He felt the market will determine the number of gas stations necessary, and he could not see the reason for extending the moratorium for another seven months. He pointed out they have already had twelve months. He questioned whether this would be ready in three months. Dr. Parcell replied to inquiry that it will not be ready in three months because it has to go to the Planning Commission before it comes back to City Council. Mayor Taylor considered this is “kicking the can down the road.” He is not in favor of it and felt that gas stations know better than anyone the status of electric vehicles because it is a threat to their business. He reiterated he will be voting no on this. Yes: 6 No: 1 (Mayor Taylor). The motion carried. Regular City Council Meeting Tuesday, May 21, 2024 Page 42 D. Mayor Taylor stated this is to consider nominations to City of Sterling Heights Boards and Commissions. He opened the floor to the audience, but no one spoke. Nominations to Planning Commission Moved by Sierawski, seconded by Radtke, RESOLVED, to nominate Geoffrey Gariepy, Pasko Ujkic, and Brandy Wright for consideration as appointees to the Planning Commission at the June 4, 2024, regular City Council meeting. Councilman Radtke commented that they are hard-working members of the Planning Commission, and he is happy to reappoint them. Yes: All. The motion carried. Nominations to Board of Ordinance Appeals I Moved by Radtke, seconded by Sierawski, RESOLVED, to nominate Robert Ervin and Julie Hoff-Windhorst for consideration as appointees to the Board of Ordinance Appeals I at the June 4, 2024, regular City Council meeting. Councilman Radtke stated these appointees serve and have done a good job. Yes: All. The motion carried (7/0). Nominations to Board of Ordinance Appeals II Moved by Sierawski, seconded by Radtke, RESOLVED, to nominate Michael Stickney and Steven Ujkic for consideration as appointees to the Board of Ordinance Appeals II at the June 4, 2024, regular City Council meeting. Mayor Pro-Tem Sierawski stated they have done a good job, and she is glad to have them back. Yes: All. The motion carried (7/0). Nomination to Board of Ordinance Appeals II – Alternate Regular City Council Meeting Tuesday, May 21, 2024 Page 43 Moved by Radtke, seconded by Sierawski, RESOLVED, to nominate Lillian Jacobs for consideration as an appointee to the Board of Ordinance Appeals II – Alternate member at the June 4, 2024, regular City Council meeting. Councilman Radtke stated he spoke with Ms. Jacobs, who is a member of the African American Coalition, and they are suggesting their members apply for more boards and commissions. He would love to get those members on more boards and commissions, so he is happy to make this nomination. Yes: All. The motion carried (7/0). Nominations to Board of Review Moved by Yanez, seconded by Ziarko, RESOLVED, to nominate John Hages and Patrick Rye for consideration as appointees to the Board of Review at the June 4, 2024, regular City Council meeting. Councilman Yanez stated these appointees have been working diligently and are doing a great job. Yes: All. The motion carried (7/0). Nomination to Zoning Board of Appeals Moved by Sierawski, seconded by Radtke, RESOLVED, to nominate Derek D’Angelo and Pashko Ujkic for consideration as appointees to the Zoning Board of Appeals at the June 4, 2024, regular City Council meeting. Mayor Pro-Tem Sierawski stated the nominees are very dedicated and should be reappointed. Councilman Radtke commented they have both served as Chair of this Commission, and he appreciates their hard work. Yes: All. The motion carried (7/0). 10. COMMUNICATIONS FROM CITIZENS Regular City Council Meeting Tuesday, May 21, 2024 Page 44 Mayor Taylor opened the floor for public comments. • Jason Verellen – resident at 5246 Shruboak; talked about violation received regarding a vehicle and landscaping; state this was likely filed by his ex-wife; concerned that City officials trespassed onto his property as a result of this violation, even though he has a “No trespassing” sign posted on his property; complained this violates his Fourth Amendment rights; inquired as to how the City will address this issue. Mayor Taylor suggested that Mr. Verellen leave his contact information with the City Clerk, and someone from the City can get back with him. The Council members also have the opportunity at the end of the meeting to respond if they so wish. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he is happy to follow up with the last resident who spoke about the code violations. He will have the City Attorney and the City Development Director talk with him further about the questions he posed and provide him with appropriate responses. Councilwoman Schmidt questioned the status of the mosque being constructed on 15 Mile Road, noting she has received inquiries on the halt of its construction. Dr. Parcell replied to inquiry that he does not have the most recent update since he just got back in the office today. They have discussed this at their Business Development meeting, held monthly on Tuesdays. He believes their last update last month was that workers were onsite, footings were installed, and inspections were completed by the City, and they were progressing. He is aware that with developments of this type in religious institutions, it takes time based on their funding. He stated he is happy to work with Mr. Bayer of the Building Department Regular City Council Meeting Tuesday, May 21, 2024 Page 45 to see where the inspection status is and provide an update to Mr. Vanderpool so he can get back to City Council. Councilman Radtke commented that a lot of mixed-use developments and Planned Unit Developments are still subscribing to the old parking model, which they have all agreed is no longer functional. He inquired as to when they may update the parking ordinance to better reflect what is needed. Dr. Parcell stated they have put parking in with the broad update of their Zoning Ordinance. The problem with addressing parking prematurely is that the root of all ordinances is the intent of the ordinance and the definitions. He admitted there are definitions that are out-of-date, such as “discotechs” and other terms that no longer exist as uses. They need to update every use under every classification, and update all of their definitions first, the uses allowed, underlying zoning districts, and then the use standards under which they abide. It is much more complicated, broad and encompassing, and if they do not get it right, they will be at Zoning Board of Appeals every month. They intend to put it all together in the Zoning Ordinance rewrite that will hopefully bring everything up to current day standards and best practices. Councilman Radtke inquired as to when Dr. Parcell anticipates this will be complete. Dr. Parcell explained they will rewrite the ordinance once the Master Land Use Plan is adopted. He would like to bring to Council a comprehensive rewrite of a draft of the Ordinance. There are sections of the ordinance drafted in 1965 that need to Regular City Council Meeting Tuesday, May 21, 2024 Page 46 be brought up to current standards. He hopes they will be able to address parking substantially and definitively at that point. Councilman Radtke agrees with that, and he is not opposed to an overall rewrite, but he has been serving on this Council for seven years, and he commented that a parking change they have all agreed that is needed will not be coming before them for another couple of years. He questioned why they cannot put something into effect in the interim for parking requirements in multiple-family developments. He pointed out this is a large cost for developers, both in land and development/maintenance of that parking. Mr. Vanderpool stated they have talked about this extensively, and they are not waiting, but the reality is that in the development projects that have come before Council, the parking requirements have been reduced significantly. They have development meetings every Thursday, where they talk about their concepts. These are developers who come in with projects they may have in mind, and when they get to parking requirements, the Planning Office clearly explains what they believe to be the new best practice. It will eventually be codified in the Zoning Ordinance, but they are not waiting and there are many examples where they have and continue to do this. He believes they are all aligned with the fact that less parking is better, and they can landbank property and if parking turns out to be a problem in the future, the owners will be required to expand their parking. Regular City Council Meeting Tuesday, May 21, 2024 Page 47 Councilman Radtke stated they have been landbanking property for several years. He inquired as to whether any of those have come back to indicate they need that parking. Dr. Parcell could not recall that occurring in his time with the City. Councilman Radtke commented landbanking is not actually for parking, but to get more greenspace, because these businesses are not coming back to request that parking. He cited the example of Oak Park, where they established a “traffic diet” along Nine Mile Road. He stressed it is tremendous, it has made Nine Mile Road safer, they have added art, closed a couple of streets, and added three local public parks, all connecting to neighborhoods. There is a lot of new business activity and has brought people there. They just developed their first trans-oriented development, which is a 35-unit residential development with thirty-eight parking spaces. He talked with their Mayor, and as of now, they have never had all thirty- eight parking spaces used at one time. He added that many of them are using the bus that stops directly in front of the development, as well as the circle track around the area. He would like to see Administration have more authority to reduce the parking requirements that do not make sense. Mayor Taylor appreciated what Mr. Vanderpool was saying, and he had some experience with this when he helped a client with a development and parking in another city. In speaking with the City Attorney for that city, they were told the City Council seems to be relaxing their parking standards; however, that does not instill a lot of confidence. He would prefer to see something in the books to clarify. Regular City Council Meeting Tuesday, May 21, 2024 Page 48 Mayor Pro-Tem Sierawski reminded everyone of the upcoming Memorial Day events taking place on Monday at City Hall, including the addresses, the Tuskegee flyover, and the parade. She stressed it is one of her favorite events, and she hopes to see everyone there, adding it is great to be able to honor the veterans and everyone who has given this country the greatest sacrifice. Mayor Taylor hopes to see everyone on Memorial Day. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated are no items for Closed Session this evening. 15. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting adjourned at 9:40 p.m. MELANIE D. RYSKA, City Clerk